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can an agreement of sale & GPA be clubbed into one document

(Querist) 08 October 2009 This query is : Resolved 
agreement of sale entered into by seller and buyer of a landed property wherein the seller
gives GPA powers to the buyer thus combining
both agreement of sale as well as GPA into a single document, though they fall under two different acts. Is this document valid or not.


adv. rajeev ( rajoo ) (Expert) 08 October 2009
no its not valid.
Both are different doucments. Agreement of sale is an agreement to sell the property and GPA is document which gives power to a person to do works of an executant of the PA.
Kiran Kumar (Expert) 08 October 2009
No Sir,

documents under both the heads have to be separate.
A V Vishal (Expert) 08 October 2009
In my opinion an Agreement and General Power of Attorney commonly termed as an AGPA can be executed, In A P it is commonly used for sale of property and is legally valid.
Raj Kumar Makkad (Expert) 08 October 2009
Both documents are separate and cannot be clubbed into one otherwise both shall become invalid and nonest before law.
A V Vishal (Expert) 08 October 2009
Can someone then describe what a AGPA is then?
Sachin Bhatia (Expert) 08 October 2009
Both are different doucments, and cannot be clubbed into one.
Jithendra.H.J (Expert) 08 October 2009
cannot be clubed, i am curious what title they have given to the said deed!!!!!!!!.

kranthi kiran (Expert) 08 October 2009
As pointed out by learned Senior A.Vishal, Sale Agreement and GPA can be executed through one document, but its registration is mandatory. In A.P. it is a general practice, that one transfers the title and possession to the another, by exectuing a Registered Agreement of Sale-Cum-General Power of Attorney. It is valid one, well recognised by the Courts.
Y V Vishweshwar Rao (Expert) 08 October 2009
I agree with Mr Vishal and Mr Kiran PV

it is Common practice in AP that Agreement of Sale cum GPA will be executed & Registered in the name of the Purchaser .

However, the nature of both parts of the document are deferent , but clubbed in one document and required stamp duty and Registration charges will be paid, on both parts of document , as assessed by the SRO - I think there is no hurdle in this regard !
mahesh kumar yadav (Expert) 08 October 2009
mahesh kumar yadav

as per my knowledge the above transcation is valid ie Agreement of sale cum GPA can be made with precribed stamp duty and registration fee shall be paid.


thnaks and regards
mahesh
Raj Kumar Makkad (Expert) 09 October 2009
if is a general practice in AP to club both agreement to sale and GPA then it is really a news for me and I amend and update myself.
Kiran Kumar (Expert) 09 October 2009
i agree with Mr. Makkad, we have never heard any such execution here in Punjab, Haryana and Chandigarh.

otherwise every state has adopted its own procedure in such matters...but its intersting.
Y V Vishweshwar Rao (Expert) 09 October 2009
Dear Kiran Kumar
In AP we are following the Agreement of Sale-cum-GPA in favour of the Purchaser and it will be in Two parts- First part will be General sale Agrement and Second Party will be General Power of Attorney in favour of Purchaser to Sell the proerty .The Stamp Duty is
1 % of SRO Value with usual Registration Fee!

So also Development Agreement-cum-GPA in favour of Developer/Builder in respect of the Builder Share-for Sale!



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